Scientist's now know there are certain changes to the physical structure of the brain that can be detected in people who currently show none of the symptoms traditionally associated with Alzheimer's. Changing the definition of Alzheimer's, would have no impact on how doctors currently diagnose and treat patients.

On the other hand, it would help researchers immensely. If they can conduct studies on people who do not yet have symptoms, they might be able to gain a better understanding of what causes the disease and how it progresses in the earliest stages.

04/27/2018

There is a trend for people to live longer, if they survive into adulthood. That usually means a longer time spent in retirement than in previous generations.

The most obvious thing people need to do differently, is to save more money for retirement. Everyone understands that the longer you live in retirement, the more money you need to pay your expenses.

The less obvious thing is that estate planning, in many cases, needs to be done in a slightly different way.

It becomes more important to have an estate plan in place to make sure that you have a way to preserve assets for future generations. However, estate planning also needs to be more flexible because the longer a person lives, the greater the chances that unexpected contingencies will occur.

Estate planning needs to be done in a way that any contingencies do not cripple the plan or the ability of a retired person to meet his or her needs.

An estate planning attorney can help guide you create an estate plan that fits your unique circumstances, including retirement.

04/26/2018

Some state legislators have been working to create laws that entitle families of deceased loved ones to gain access to digit accounts, despite refusal from tech companies to cooperate. An important victory in this fight was recently won by a family, according to the Wills, Trusts & Estates Prof Blog in "Ajemian v. Yahoo! Case Update."

The case comes out of Massachusetts, where a law was enacted that allowed the personal representative of an estate to authorize access to the deceased's email account. When that was attempted in this case the email provider, Yahoo!, refused the access.

A lawsuit over the matter went to the Massachusetts Supreme Court. The family won a partial victory. The case was appealed to the U.S. Supreme Court, which declined to hear it. As a result, the decision in Massachusetts will stand.

There is still some litigation to be completed in the case, but it is an important victory for now.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and may include digital accounts.

Bobby McKee’s estate plan appeared to be going well, because he had created a trust that his wife benefited from while she was still alive. After she passed away, the trust continued for the benefit of the couple's three children. However, things did not stay peaceful.

A daughter and her husband grew concerned that potentially millions of dollars were missing from the trust. They initiated an investigation to see whether the mother's former advisors had acted improperly. That investigation has been going on for so long, that the two sons of McKee grew tired of it more than a decade ago. That is when they stopped speaking to their sister.

This highlights a potentially big problem when there are disputes over trusts and estates. The battles can go on for so long and they can become so all-consuming, that the stress they cause is no longer worth it for everyone involved. Lengthy disputes also tend to create large bills to attorneys and other professionals.

When this happens, it is often best to step back and think about whether the fight is worth continuing to pursue. It may be better to put an end to the stress and move on.

An estate planning attorney can advise you on creating an estate plan that may fit well with all the parties involved.

04/24/2018

Some of the replicas collected by Americans when traveling in Europe many years ago, can be very valuable today and must be handled carefully in an estate plan, according to Barron's in "Taxing Collectibles: What You Need to Know. One couple has gone so far as to amass a collection of them, consisting of approximately 4,500 pieces.

For estate planning purposes, valuable collectibles like those replicas can create challenges. The value of any collection can be taxed, if it is part of the estate for estate tax purposes. As a result, it is important to plan around any potential problems.

There are several things that can be done. For example, if no one in the family wants to inherit them, they can be donated to charity for a tax benefit. Keeping them in the family to take advantage of the higher estate tax exemption is also possible. You might also consider creating a separate pass through entity to hold them.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and may include a valuable collection.

The most important thing to keep in mind is that your children might have very different ideas than you do regarding how your estate should be divided and distributed. Even giving every child an equal portion of an estate, can be viewed as unfair in some circumstances.

To help avoid conflicts, you should not wall your children off completely from your estate planning. You should instead talk to them about why you are making the decisions that you are. If your children know why you are doing something, they are more likely to accept it and not fight over it between themselves.

The person you appoint to be in charge of your estate or trust, must be seen as impartial and not conflicted. For example, if you name one child to be a trustee, your other children might eventually believe that one child is making decisions out of nothing more than self-interest. If a trust is expected to survive for a long time, it is a good idea to consider a professional trustee.

An estate planning attorney can advise you in creating an estate plan that fits your unique circumstances and has a chance at a peaceful settlement.

04/20/2018

An increasing aging population in the U.S. may result in problems, including not having enough trained caregivers to assist the aging populace, as well as funding the proper care for seniors. A quick look a Japan reveals some strange results from the problems, according to Quartz in "Nearly 20% of women inmates in Japan's prisons are seniors."

About one-quarter of elderly Japanese women are living in poverty. To get enough to eat and to have shelter, they are turning to minor crimes such as shoplifting so they will get arrested and go to jail. In jail, they have beds and are served three meals a day.

This phenomenon of sorts forces Japan to deal with their aging population and the lack of caregivers by spending money to provide the care in prison, instead of on the outside.

04/19/2018

While many items in your house are precious to you, it is possible that inheriting such things becomes a burden for the children who have to take the time and effort to sell them for little monetary gain. This and other items children do not want to inherit, were recently discussed by Market Watch in "10 things your kids don't want to inherit."

The exact list of such items is not as important as understanding that every child is different. Some children might like to inherit something on the list, even though most might not. The best thing is to ask your children about whether they want to receive items of personal property after you pass away. In the absence of doing that and getting a straight answer, think about whether the items have monetary value, whether the child has ever shown true interest in them and whether the child has similar tastes.

If parents take the time to think about what personal property their children would and would not like to receive as an inheritance, they can often make handling the estate much easier for their children.

An estate planning attorney can advise you on creating an estate plan that fits your unique circumstances and may include many items of personal value.

Mahoney, who had a long and distinguished career in a variety of roles, was best known for his award-winning work on the TV show Frasier in which he played the main character's elderly father.

He passed away recently at a hospice, while suffering from a variety of illnesses. Friends, former co-workers and fans have shown an immense amount of grief over the loss.

The full details about Mahoney's estate are not yet known. The estate is believed to be worth $5 million, including real estate worth approximately $300,000. It is not clear from the initial reporting whether Mahoney had a will or trust.

It is also not clear how Mahoney might have directed the distribution of his estate between various people. Court documents do list 38 potential beneficiaries of the estate, who were friends and relatives of Mahoney.

An estate as large as Mahoney's with many potential inheritors is often a perfect recipe for conflict. Those potential inheritors may lawyer up and choose to fight over their respective share of the estate.

04/17/2018

The estate of Harper Lee, who is most famous for her novel To Kill a Mockingbird, has found itself involved in multiple legal disputes. The estate has now filed a lawsuit against a theater production company over an adaptation of the novel, according to Everything Lubbock in "Harper Lee estate sues over 'Mockingbird' Broadway version."

Lee preferred to remain quiet and not weigh in on any disputes. Since she passed away, her estate has not been nearly as private. The most recent attention is over the adaptation of the novel for the stage, which was authorized and is being written by Aaron Sorkin. The estate claims that the contract giving authority for the adaptation, required the play to remain faithful to the novel. Apparently, the play does not.

Sorkin's play changes some characters inappropriately and even adds new characters, according to the estate. The theater company disputes these claims.

It is not necessarily a problem that the estate has a different attitude than Lee. In the absence of explicit prohibitions, an estate trustee has a continuing duty to protect the interests of the estate for the beneficiaries of that estate.